1. Services and Term:
A. Company shall provide Client with business coaching services in a manner to be designed jointly between Company and Client. For the purposes of this Agreement, coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in the Client's life or profession (the “Coaching Services”). Coaching Services may include setting priorities, establishing goals, identifying resources, brainstorming, creating business and action plans, asking clarifying questions and providing skills training. These Coaching Services shall be provided by a coach assigned to the Client by the Company (hereinafter, the “Coach”). The term of this Agreement shall be one (1) month, renewable monthly, until terminated by either Company or Client in accordance with the provisions set forth in Section 6 below.
B. The Coaching Services may be provided during in-person meetings between the Client and Coach, by telephone, or via Skype or other video call service selected by the Company. The Coach will also be available to Client by e-mail for any questions as time permits. The Coach will make all reasonable effort to respond to Client’s inquiries within forty-eight (48) hours of receipt of any email.
C. Throughout our coaching relationship, the Company and Coach will engage in direct and personal conversations with the Client, which will include asking explicit questions and making requests. The purpose of these interactions is to remind the Client of his/her own intentions, and coach him/her to realize them. In order for the coaching relationship to achieve the maximum results, the Company requests that the Client agree to the following:
A. The Company will provide the Client with business coaching and recommendations pertaining to the Client’s business/career. However, the Client is responsible for making all decisions and creating all content pertaining to his/her business. As such, the Client agrees that the Company is not and will not be liable for any decision, action or inaction, or for any direct or indirect result of any Coaching Services provided by the Company.
B. The Client understands that coaching is not a substitute for professional advice by legal, financial or other qualified professionals and agrees to seek independent professional guidance for such matters.
C. It is at the Client’s sole discretion whether or not to collaborate on music projects, provide referrals in the form of Clients or business contacts and share resources with Company and the Company’s Clients. Any such collaborative agreements shall be governed by separate written agreements.
3. Schedule & Fees:
A. All sessions will be purchased through Musicianindiecolaition.com at the cost listed on the website. The ability to book additional sessions will be based on the availability of the Coach and will require the Coach's approval.
B. Any and all payments to the Company shall be made by PayPal or by credit card using Stripe checkout.
C. The Client is responsible for scheduling all coaching sessions with their Coach via the Company's online scheduling service. Any session not scheduled within 1-Year of purchase is considered forfeited.
D. There are no refunds for Coaching Services not utilized.
E. Coaching sessions expire 1-Year from purchase.
F. The Client retains 100% of all monies earned by their business.
4. Coaching Session Procedure:
A. Once the Client has booking their session, they will receive an email with a link for their scheduled call. Appointments are done through the Zoom App. It is the clients responsibility to install and / or update the Zoom App prior to the call. Failure to do so may result in a partial forfeiture of their scheduled call.
B. At the time of the call, the Client will click the access link provided to them via email and the Coach will join the call and initiate the session.
C. The calls/meetings shall be fifty (50) minutes in length.
D. The Client is responsible for scheduling all coaching sessions with their Coach via online service.
E. If the Client is more than 15 minutes late and has not previously notified their Coach (at least thirty (30) minutes prior to the scheduled start of the session), the Client will forfeit the remaining session time.
The coaching relationship, as well as all information (documented or verbal) that the Client shares with the coach or Company shall be kept confidential unless made public by the Client. The Coach and Company agree not to disclose any information pertaining to the Client without the Client’s written consent. Confidential information does not include information that: (a) was in the Company’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Company or coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Company or coach without use of or reference to the Client’s confidential information; or (e) that the Company or coach is required by law to disclose. Topics may be anonymously and hypothetically shared with other coaching professionals and Clients for training, supervision, mentoring, evaluation, professional development and/or consultation purposes.
7. Limited Liability and Indemnification:
Except as expressly provided in this Agreement, the Company makes no guarantees or warranties, express or implied. In no event will the Company be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Company’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Company under this agreement for any services rendered up until the termination date. Client agrees to indemnify, defend and hold Company, Coach, and/or their Agents harmless from any and all liability arising from Client’s breach of this Agreement. Client forever releases Company, Coach, and/or their Agents from any and all liability and demands that Client, and Client’s heirs, assignees and legal representatives may have or may hereafter have for damages to Client and Client’s heirs, and Client assumes all risks thereof. Client understands that the foregoing is a material term of this Agreement, and that Company would not accept Client as a client if not for Client’s acceptance of the terms and conditions of this Section.
The Company reserves the right to modify the terms and conditions of this Agreement at any time without notice. Client will be presented with any amendments that are made via email and will be required to send Company a signed copy of the amendment prior to their next session.
9. Choice of Law:
This Agreement shall be governed by the internal laws of the State of New York, without regard to conflicts of law rules. The parties hereto agree that the state and federal courts sitting in the State of New York and the County of New York shall be the proper forum for any legal controversy arising out of or in connection with this Agreement, and the parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts for such purposes and to venue therein.
10. Waiver of Trial by Jury:
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
This Agreement sets forth the entire agreement between the parties with respect to the subject matter contained herein and shall supersede any and all prior agreements, promises and representations whether written or oral. No other representations or Agreements have been made other than those contained in this Agreement. This Agreement can only be modified in a writing signed by both parties. The invalidity or unenforceability of any provision or provisions of this Agreement shall not affect the validity or enforceability of any other provision(s) of this Agreement, which shall remain in full force and effect. In the event that Company is required to commence an action or seek measures to collect the Fees due herein, Client shall pay any and all reasonable costs of collection, including, but not limited to attorneys’ fees and court costs. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile signatures shall be deemed as originals.
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